HUMAN RIGHTS & HUMAN WELFARE Untouchability Today: The Rise of Dalit Activism By Christine Hart On July 19, 2010, the Hindustan Times reported that a Dalit (“untouchable”) woman was gang- raped and murdered in the Indian state of Uttar Pradesh. The crime was an act of revenge perpetrated by members of the Sharma family, incensed over the recent elopement of their daughter with a man from the lower-caste Singh family. Seeking retributive justice for the disgrace of the marriage, men from the Sharma family targeted a Dalit woman who, with her husband, worked in the Singh family fields. Her death was the result of her sub-caste status; while the crime cost the Singh family a valuable worker, the perceived value of her life was less than upper-caste individuals. In this case, the perpetrators of the crime were arrested, but similar atrocities are committed with frequency and impunity throughout India as a result of the entrenched practice of untouchability. Overview of Untouchability Caste discrimination, manifested through an array of “untouchability practices,” is an entrenched part of daily life in India. This “hidden apartheid” impacts more than 160 million Dalits —the victims, survivors, and challengers of the practice, as well as approximately 860 million non- Dalits—the perpetrators, bystanders, and witnesses. Despite domestic policy measures and increased attention to the issue, the practice of untouchability remains ingrained and touches nearly every aspect of Dalit life. Untouchability practices range from actions that impact the minutiae of daily life, to life-altering inequity and denials of opportunity, to violence committed with impunity. A sampling of untouchability practices include: the refusal of upper-caste individuals to walk in or cross the shadow of a Dalit; segregated food and drink and designated water vessels and utensils for Dalits; forced and bonded labor practices; conscription into “unclean” occupations including prostitution, manual scavenging (removing waste from “dry” toilets), and the removal of animal carcasses; the prohibition to intermarry with other castes; and rules governing religious practices, including prohibition from public temples and exclusion from ceremonies and rituals. In addition, caste-motivated violence occurs with regularity. Atrocities committed against Dalits include assault, rape, and murder and are often committed with impunity. Indian Domestic Policy Although caste discrimination persists as a widespread and divisive issue in India, the Indian government has taken a host of measures to abolish untouchability, to create mechanisms of enforcement, and to enact policy to combat discrimination against Dalits in government, the workplace, and education. The 1950 Indian Constitution formally abolishes untouchability, prohibits caste discrimination, and expands the system of “Scheduled Caste” reservations initiated by the British Raj that allocated places for Dalits in educational institutes, civil service positions, and state and national legislatures. In addition, the government of India responded to pressure from Dalit groups to pass laws and constitutional amendments increasing protections and expanding reservations systems. As a result, small but significant gains have been made in the past 60 years; a trivial percentage of Dalits have benefited from educational opportunities, become wealthier, and risen to high government positions. Despite small-scale improvements, however, caste discrimination remains pervasive-- committed especially by higher caste Hindus-- and profoundly 51 TOPICAL RESEARCH DIGEST: MINORITY RIGHTS impacts the socio-economic mobility of Dalits. Many Dalit activists blame the government and political parties for not taking stronger actions to combat the social and economic exclusion of Dalits. Caste Discrimination, International Human Rights Instruments, and the United Nations In contrast to stagnant domestic efforts to combat untouchability practices, significant progress has been made in terms of international engagement over the last fifteen years. Discrimination based on caste has been pervasive throughout the world and particularly in South Asia for millennia, yet until the late 1990s, it was not recognized as a human rights violation or addressed directly in any of the major human rights instruments. Article 2 of the 1948 Universal Declaration of Human Rights (UDHR) states that “Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction…such as…national or social origin, birth, or other status.” The inclusion of caste was suggested by the Indian delegation to the United Nations Commission on Human Rights, which crafted the document, but was rejected in favor of broader terms such as “birth” and “social origin.” Only within the last two decades has the issue of caste discrimination gained traction within the global human rights community. Discussion of caste within international human rights instruments was revisited in 1996, when the United Nations Committee to End Racial Discrimination (CERD)—the body that oversees state compliance with the 1965 International Convention to End All Forms of Racial Discrimination (ICERD)—reviewed India’s condensed periodic reports to the Committee. Article 1 of ICERD defines racial discrimination as including “descent” and CERD has asserted that when reviewing the periodic reports of states, it interprets “descent” to include to the situation of Dalits in India, Nepal, and Bangladesh, as well as caste discrimination in other countries. In the 1996 condensed reports, India contested this interpretation, arguing that India’s “Scheduled Castes” and “Scheduled Tribes” (the legal designation for Dalits) did not fall under the purview of ICERD because “caste” implies class or social distinction and does not denote racial difference. In 2002, CERD adopted General Recommendation XXIX on ‘descent-based discrimination,’ which confirmed “the consistent view of the Committee that the term “descent” in Article 1, paragraph 1 of the Convention does not solely refer to “race” and has a meaning and application which complements the other prohibited ground of discrimination;” it “reaffirms that discrimination based on “descent” includes discrimination against members of communities based on forms of social stratification as caste and analogous systems of inherited status which nullify or impair their equal enjoyment of human rights.” The recognition of caste discrimination under ICERD and increasing visibility in the human rights community, and particularly at the level of the United Nations, can be attributed to the development of robust domestic and transnational Dalit advocacy networks through the 1990s, as well as an increasing willingness of Dalit groups to frame caste discrimination within a broader human rights framework, particularly under the umbrella of discrimination based on “work and descent.” Domestic and Transnational Dalit Advocacy The late 1990s saw the advent of increasing organization among Dalit activists. In 1997, the international NGO Human Rights Watch (HRW) became the first major human rights organization to engage in the issue of caste discrimination in India. HRW published a comprehensive report entitled “Broken People: Caste Violence Against India’s ‘Untouchables’” that precipitated greater 52 HUMAN RIGHTS & HUMAN WELFARE international attention. As the report was being written, HRW organized a meeting of regional Dalit organizations to seek advice and input on the report. This meeting planted the seed for the formation of the National Campaign on Dalit Human Rights (NCDHR), an umbrella group of Dalit organizations from 14 states that is changing the scope and reach of domestic Dalit activism. In 1999, NCDHR produced a report of its own, in addition to presenting 2.5 million signatures petitioning for the end of caste discrimination in India to the Indian Prime Minister. Today, NCDHR continues to work toward greater visibility for Dalit issues, providing forums for collaboration and information sharing within the Dalit movement. In addition, NCDHR seeks, through grassroots mobilization, to hold the state accountable for equal justice and an end to impunity for atrocities committed against Dalits. Formed in 2000, the International Dalit Solidarity Network (IDSN) facilitates coordination and information sharing among foreign organizations advocating for Dalit rights. The network consists of national federations in South Asia, including NCDHR, and afield, as well as a host of human rights, development, and religious non-profit organizations. IDSN’s efforts focus on advocating to national governments and the United Nations. The network regularly organizes international conferences on Dalit rights. The 2001 UN World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance (WCAR) in Durban presented perhaps the most significant breakthrough for the Dalit movement. While the Indian Government effectively blocked the inclusion of caste discrimination from the official conference document, the conference generated crucial international attention and support. The subsequent participation of Dalit organizations in similar international conferences has effectively built upon this momentum. Transformation and Progress Dalit activism has made considerable strides in the last fifteen years. Major gains have been made by way of international recognition, especially at the level of the United Nations. In addition, recent domestic successes have